Facts
The appellant A. resided in Poland and was acquitted of the charge of theft by the Public Prosecutor's Office Zurich-Limmat by order dated November 8, 2018. A. received a satisfaction payment of 200 Swiss francs, but no compensation. Against this order, A. filed an appeal with the High Court of the Canton of Zurich, in which he claimed 3,200 Swiss francs in damages. However, the High Court did not enter into the appeal due to late filing by order dated January 21, 2019.
A. then filed a criminal appeal with the Federal Supreme Court and requested that the decision of January 21, 2019 be set aside and that his appeal be heard.
Considerations
The Federal Supreme Court granted the appeal. It stated that according to Art. 81 para. 1 lit. d CrimPC, judgments and other decisions concluding proceedings, if they are subject to appeal, must contain instructions on legal remedies. In the case of service abroad, these instructions on legal remedies must also generally include a reference to the fact that the appeal must be submitted to the Swiss Post at the latest on the last day of the time limit or can be filed in a timely manner with a Swiss diplomatic or consular representation abroad (Art. 91 para. 2 CrimPC).
Since the instructions on legal…